Speedwell Estates Ltd & Anor v Dalziel & Ors

Costs incurred for attendance at the hand-down of a judgment are not automatically recoverable. Their recoverability depends on the circumstances of the case, including whether contentious or complex consequential matters require attendance and whether the expenditure is proportionate. Parties and their representatives should use the advance provision of the judgment to identify such issues and limit unnecessary costs. Where the judgment and its consequences are straightforward, substantial additional costs for attendance at hand-down may be disallowed.

Speedwell Estates Ltd and Covent Garden Group Ltd appealed from the Newcastle upon Tyne County Court, before Mr Recorder James Allen QC. The supplied judgment records that the appeal was dismissed. The principal issue addressed in this judgment was whether the successful respondents could recover additional solicitors’ and counsel’s costs for attending the hand-down of the appellate judgment, including travel, preparation and attendance charges.

The appeal was dismissed. The court ordered costs in the agreed assessed sum of £7,810.

1. Costs relating to attendance at the hand-down of a judgment must be considered on the merits of the individual case. Attendance may be justified where consequential issues are likely to be contentious, such as complex questions concerning remission to a lower court or costs.
2. The hand-down procedure gives the parties the judgment in advance. Solicitors should use that opportunity to consider its implications and consult the opposing party about any issues likely to arise. Costs must be limited and proportionate to the particular situation.
3. This was a straightforward case for hand-down purposes. The appeal had been dismissed, the costs below presented no complications, and no consequential issues were likely. The additional expenditure initially claimed for attendance was therefore not appropriate to charge to the unsuccessful party.
4. The court accepted that the ordinary costs claimed for the appeal were not excessive. Following the respondents’ concession, the recoverable costs were assessed at £7,810.

• Court of Appeal (Civil Division): appeal from Newcastle upon Tyne County Court before Mr Recorder James Allen QC; appeal dismissed. The judgment is reported under [2001] EWCA Civ 1307.